Effective now, tobacco retailers in Nevada are required to use scanning technology or an automated software-based system to verify age on anyone under the age of 40 before making sales of tobacco products.
The implementation of Assembly Bill 360, passed in 2021 updates Nevada Revised Statutes 370.521, which states consumers of tobacco and related products, including electronic vapor products, must be age 21 or older.
Retailer compliance inspections are conducted regularly by investigators pursuant to the existing statute which determines whether a retailer completes a sale of tobacco or tobacco-related products to a minor. These inspections will include monitoring compliance with the new statutory requirements during sales beginning Jan. 1, 2023.
Violations of sales to minors are subject to the current penalty structure (which includes a $100 fine for the first violation) and failure to use scanning or software technology will result in an additional $100 fine, regardless of customer age.
According to the Nevada Youth Risk Behavior Survey 2019-2021, 17.5 percent of high school students reported having smoked cigarettes in 2021, which is nearly 2 percent higher than in 2019.
Nearly 8 percent of high school students report smoking for the first time before the age of 13, and 38.5 percent say they think it would be “Fairly/Very Easy” to get cigarettes if they wanted some.
Additionally, NYRBS indicates nearly 37 percent of high school students have used electronic vapor products, including e-cigarettes, vapes, vape pens, e-cigars, e-hookahs, hookah pens and mods, and 10 percent reported having first used these products before the age of 13.
Nearly 48 percent said they think it would be “Fairly/Very Easy” to get electronic vapor products if they wanted some.
This legislation is an additional effort to enforce Nevada’s Tobacco 21 law and prevent youth and young adults from purchasing and using tobacco and related products.
The Centers for Disease Control and Prevention (CDC) reports tobacco use is the number one cause of preventable disease, disability, and death. The CDC defines tobacco use, predominately e-cigarette use in young adults aged 18-20, as an epidemic.
To help retailers understand and comply with federal and Nevada state laws, the Nevada Tobacco Control Program implemented the Nevada Responsible Retailer Training Program.
